I can't add anything to the answers discussing private roads, but I would note that in a world with public roads criminal penalties for driving while impaired are absolutely appropriate. read more
In a libertarian utopia, all roads are private, and free market decides whether any specific roads should allow drunk driving, have speed limits, etc. If a certain road owner allows drunk driving and local residents are unhappy, they vote with their feet and eventually either the owner caves in or another road that goes alongside the first but bans drunk driving gets built. read more
Personally, I view my driver's license as exactly that contract, so it really would make no difference to me if I got the libertarian world I would like -- driving while drunk is either "a crime" or "a breach of contract", and in either case, my license to use the roads would be revoked. read more
Bad driving is already illegal, not sure why it matters if you're drunk, if you're texting, if you're eating, if your car is self-driving, if you're 8 years old, etc. Then again, I suppose they're trying to prevent neglect/endangerment. read more